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THE MINISTRY OF FINANCE
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SOCIALIST REPUBLIC
OF VIET NAM
Independence -
Freedom - Happiness
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No. 64/2003/TT-BTC
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Hanoi,
July 1, 2003
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CIRCULAR
GUIDING
THE IMPLEMENTATION OF THE GOVERNMENTS DECREE No. 78/2003/ND-CP OF JULY 1, 2003
WHICH PROMULGATES VIETNAMS LIST OF COMMODITIES AND THEIR TAX RATES FOR THE
IMPLEMEN-TATION OF ASEAN COUNTRIES AGREEMENT ON COMMON EFFECTIVE PREFERENTIAL
TARIFF (CEPT) FOR THE 2003-2006 PERIOD
In furtherance of the Protocol
on the Socialist Republic of Vietnams joining in the Agreement on Common
Effective Preferential Tariff (CEPT) program for materializing the ASEAN Free
Trade Area (AFTA) (hereinafter called the CEPT/AFTA Agreement), concluded on
December 15, 1995 in Bangkok;
In furtherance of the
Governments Decree No. 78/2003/ND-CP of July 1, 2003 promulgating Vietnams list
of commodities and their tax rates for the implementation of the CEPT/AFTA
Agreement for the 2003-2006 The Ministry of Finance hereby guides the implementation thereof as
follows:
I. SCOPE OF APPLICATION:
Import goods eligible for the
CEPT preferential import tax rates as defined in Article 1 of the Governments
Decree No. 78/2003/ND-CP of July 1, 2003 must satisfy the following conditions:
1. Being on Vietnams list of
commodities and their tax rates for the implementation of the CEPT/AFTA
Agreement for the 2003-2006 period, promulgated together with the Governments
Decree No. 78/2003/ND-CP of July 1, 2003, and at the same time being on the
list of commodities and their tax rates for the implementation of the CEPT/AFTA
Agreement for each corresponding year of the ASEAN member countries, from which
import goods originate.
2. Being imported into Vietnam from
ASEAN countries, including the following countries:
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- The Kingdom of Cambodia;
- The Republic of Indonesia;
- The Peoples Democratic Republic of Laos;
- Malaysia;
- The Federation of Myanmar;
- The Republic of Philippines;
- The Republic of Singapore;
and
- The Kingdom of Thailand;
3. Satisfying the ASEAN-origin
requirement, certified by certificates of ASEAN goods origin Form D (as
prescribed in Part III of this Circular).
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II. APPLICABLE IMPORT TAX
RATES:
1. The import tax rates
applicable to import goods eligible for the CEPT preferential tax rates as
prescribed in Part I of this Circular shall be the CEPT tax rates for each
year, counting from 2003, and automatically apply as from January 1 of the
subsequent years, correspon-ding to the CEPT tax rates for each of those years,
specified in Vietnams list of commodities and their tax rates for the implementation
of the CEPT/AFTA Agreement, promulgated together with the Governments Decree
No. 78/2003/ND-CP of July 1, 2003 (hereinafter called the CEPT preferential tax
rates for short).
2. In cases where the
preferential import tax rate (MFN tax rate) of one commodity item specified in
the current Preferential Import Tariff is adjusted to be lower than the CEPT
preferential tax rate, the import tax rate applicable to such commodity item
shall be such MFN tax rate.
If the MFN tax rate of such
commodity item specified in the Preferential Import Tariff is adjusted to be
higher than the CEPT preferential tax rate, the applicable import tax rate
shall be the CEPT preferential tax rate.
3. In cases where goods imported
by enterprises for production and/or assembly of mechanical, electrical and
electronic products meet both the conditions for the application of the CEPT
preferential tax rates and the conditions for the application of import tax
rates according to the localization rate under the current regulations, the
enterprises shall enjoy the lower import tax rate of the two above-said tax
rates.
The importing enterprises, when
applying the import tax rates according to the localization rate, shall not be
entitled to apply the CEPT tax rates or vice versa.
4. In cases where there are
changes in the commodity items in the legal documents promulgated by ASEAN
countries for the implementation of the CEPT/AFTA Agreement, that affect the
right to enjoy Vietnams special preferential import tax rates as prescribed in
Part I, the Ministry of Finance shall provide appropriate guidance for each
specific case.
III. CERTIFICATES OF ORIGIN
AND EXAMINATION OF CERTIFICATES OF ORIGIN:
1. The rules according to which
goods are recognized to originate from ASEAN countries are defined in the
Regulation on goods origin applicable to the CEPT/AFTA Agreement (Appendices 1,
3 and 5) of the Regulation on the granting of Vietnams certificates of ASEAN
goods origin, issued together with the Trade Ministrys Decision No. 416/TM-DB
of May 13, 1996, Decision No. 0878/1998/QD-BTM of July 30, 1998, Decision No.
1000/1998/QD-BTM of September 3, 1998, Decision No. 0034/2000/QD-BTM of January
10, 2000, Decision No. 0492/2000/QD-BTM of March 20, 2000, Decision No.
1448/2001/QD-BTM of December 25, 2001, Decision No. 0478/2002/QD-BTM of April
26, 2002, Decision No. 1062/2002/QD-BTM of September 4, 2002, Decision No.
1382/2002/QD-BTM of November 6, 2002 and Decision No. 0468/2003/QD-BTM of April
23, 2003.
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- In Brunei Darussalam: The Ministry of
Industry and Natural Resources;
- In the Kingdom of Cambodia:
The Ministry of Trade;
- In the Republic of Indonesia:
The Ministry of Trade and Industry;
- In the Peoples Democratic Republic of Laos: The Ministry of Trade;
- In Malaysia: The Ministry of Foreign
Trade and Industry;
- In the Federation of Myanmar: The
Ministry of Trade;
- In the Republic of Philippines:
The Ministry of Finance;
- In the Republic of Singapore:
The Customs;
- In the Kingdom of Thailand:
The Ministry of Trade; and
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3. In case of suspicion of the
truthfulness and accuracy of the certificates of ASEAN goods origin Form D, the
customs offices shall be entitled:
- To request the re-examination
of the certificates of ASEAN goods origin Form D. The customs offices shall
send their requests to the exporting countries agencies competent to grant the
certificates of origin, requesting the certification.
- To suspend the application of
the CEPT preferential tax rates and temporarily collect tax at the rates
specified in the current preferential or ordinary import tariff.
- To request the importers to
provide additional documents (if any) to prove that their goods actually originate
from ASEAN countries, within 01 (one) year.
- Pending the re-examination
results, to continue filling in the procedures for the release of goods
according to the ordinary import regulations.
- When having enough documents
to evidence the goods ASEAN origin, the customs offices shall have to carry out
procedures to reimburse the importers the difference between the tax amounts
temporarily collected according to the current preferential or ordinary import
tariff and the tax amounts calculated at the CEPT preferential tax rates.
IV. OTHER PROVISIONS
In cases where commercial
invoices are issued by the third party other than exporters, goods imported
into Vietnam
shall still enjoy the CEPT preferential tax rates if they fully satisfy the
conditions prescribed in this Circular.
The regulations on tax
calculation bases, the regimes of tax collection, payment, exemption, reduction
and reimbursement, the handling of violations and other regulations shall
comply with the provisions of the Law on Export Tax and Import Tax and current
guiding documents.
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This Circular takes
implementation effect 15 days after its publication in the Official Gazette,
replaces the Finance Ministrys Circular No. 47/2002/TT-BTC of May 28, 2002
guiding the implementation of the Governments Decree No. 21/2002/ND-CP of
February 28, 2002 and the Governments Decree No. 53/2002/ND-CP of May 13, 2003
promulgating Vietnams 2002 list of commodities and their tax rates for the
implementation of the CEPT/AFTA Agreement, and applies to the import goods
declarations already submitted to the customs offices as from July 1, 2003.
Any difficulties or problems
arising in the course of implementation should be promptly reported to the
Ministry of Finance for appropriate additional guidance.
FOR THE FINANCE MINISTER
VICE MINISTER
Le Thi Bang Tam